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· 9/15/1995

Desrosiers v. Russell

Citations

  • 660 So. 2d 396
  • 1995 WL 544875

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that when two or more persons have bound themselves as guarantors, they are generally presumed to be equally liable for proportion of liability on note guaranteed
  • rejecting claims of oral modification and enforcing equal contribution among guarantors who signed a written guaranty
  • rejecting trial court’s finding of an oral side agreement where the guaranty “reflected the entire agreement between the guarantors and SunBank” and “could be modified only by a signed writing”
  • “When a person pays more than his share of a common obligation, the law gives him the remedy of contribution to obtain from the other obligors payment of their respective shares of the obligation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ryder

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.